Foreclosure Defense Lawyer

Fight Foreclosure Lawsuits or Even Slash Your Mortgage Debt

If you’re behind on payments or facing foreclosure, we may be able to negotiate your mortgage down – saving you thousands. Our expert team can help you qualify for a new loan that pays off your old debt at a fraction of the price.

Facing a foreclosure lawsuit? Don’t delay! You have 20 days to respond, or you could lose your home. Responding correctly is critical – a foreclosure defense lawyer can guide you through the process, maximizing your chances of keeping your house.

Carlos M. Amor is an experienced foreclosure defense attorney who will review your case to determine an appropriate defense. He will then prepare a response to increase your chances of a satisfactory outcome and file the paperwork for you. Work with an attorney who has in-depth insight into Florida foreclosure law by calling (954) 453-7200 today.

What Defenses Can You Use When Fighting Against Foreclosure?

When you receive a foreclosure complaint from your lender, it is easy to assume you are in the wrong and they have a right to foreclose. However, as seen from experience, this is not always the case. There are several defenses you can use to win against a foreclosure.

Don’t give up when faced with the possibility of losing your home. Instead, get legal representation and fight to mitigate your losses.

Lenders make several mistakes when handling loans, and some of these errors involve failing to follow the proper judicial process. The following are some of the common defenses to a foreclosure complaint:

Lack of Standing

One of the commonly used defenses in foreclosure lawsuits is lack of standing. To have the standing to commence a foreclosure action in a court of law, the plaintiff (lender) must show that it holds the mortgage or promissory note when filing the lawsuit. If they fail to do this, they lack the right to commence the action, and you can ask the court to dismiss it.

Failure to Provide the Required Notice of Default

As mentioned, the law requires the lender to issue a Notice of Default before filing a foreclosure complaint. In Citigroup Mortgage Loan Trust Incorporated v. Scialabba, the court ruled that a Notice of Default is a condition precedent to foreclosure in most residential mortgages. The requirements lenders must follow are stated in the loan document, and failure to do so negates the foreclosure lawsuit.

Statute of Limitations

Under Florida law, all foreclosure lawsuits must commence within five years from default. If the lender fails to bring their action within this timeframe, you can ask the court to dismiss any lawsuit filed out of time.

Some mistakes lenders make that can also serve as defenses include the following:

• Increasing escrow payments or insurance premiums
• Not paying property taxes promptly
• Failing to provide you with loss mitigation options
• Unfairly denying your loan modification request
• Failing to service your loan

If the lender does any of the above, you must send a written Notice of Error and specify the timeframe for a response. Also, you can request records associated with your mortgage account through a written Request for Information. Miami foreclosure defense lawyer Carlos M. Amor can help you prepare and send the notice.

Also, Attorney Carlos M. Amor will review your case to determine the appropriate defense based on the facts. He will then prepare a response to increase your chances of a satisfactory outcome.

Facing foreclosure is stressful. We’ll help you understand your options and develop the best strategy for your situation. Our goal is to help you keep your home and minimize the financial damage of foreclosure.

Get a free consultation with attorney Carlos M. Amor – call us at (954) 453-7200. We can meet in person, by phone, or video call.

Simply moving out won’t solve your debt problem. Your lender can still sue you, damaging your credit and making it tough to buy or rent in the future.

We’re committed to finding the right solution for your foreclosure case. We’ll tailor a strategy to protect you from lawsuits and minimize the impact on your credit. Don’t face foreclosure alone – we’ll find the best path forward.

Ready to fight for your home? Our foreclosure defense attorney will create a plan to help you keep your house. We understand how devastating this is, and we’re here to guide you through it. Don’t let your mortgage company push you around – call us and fight back.

Our Florida foreclosure defense lawyer has the experience to navigate this complex process. Don’t try to handle this alone. With our legal help, you have a much better chance of a positive outcome.

Call our Florida real estate law firm at (954) 453-7200 today to schedule a time to speak with us. Attorney Carlos M. Amor offers free consults, by phone, via video meeting or in person.

Miami Foreclosure Defense FAQs

The thought of losing your home would leave you in emotional turmoil, and you may have several questions about the lawsuit. This is not uncommon, and it happens to so many homeowners. So, below are some of the frequently asked questions about the Miami foreclosure defense.

What if I believe my lender made a mistake?

Mortgage lenders are not infallible. They may make loan-servicing errors, such as incorrectly applying mortgage payments, wrongly increasing escrow payments, or not paying impounded property taxes, that could potentially lead to foreclosure actions. If your lender is threatening foreclosure and you believe they have made a mistake, contact them in writing through a formal notice of error right away to explain that you believe there was a mistake. If you are unsatisfied with their response or if they do not respond in a timely way, reach out to Carlos M. Amor for legal help.

How does the Florida foreclosure process work?

Florida uses a judicial foreclosure process. Lenders go to court and file a foreclosure lawsuit to officially begin foreclosure proceedings. Once a lawsuit is filed, homeowners are served a complaint that they must respond to in writing within 20 days providing any defense they have to the foreclosure. If you don’t respond within that tight timeframe, the court will likely allow the foreclosure to proceed.

How many payments can I miss before foreclosure starts?

In general, lenders cannot file a foreclosure lawsuit with the court until homeowners are more than 120 days past due on payments. Prior to the official foreclosure filing, you should be given opportunities to avoid foreclosure. Our foreclosure defense lawyer in Plantation, Florida, can explain possible options for keeping your home, based upon your unique situation.

Is Litigation the Best Option for Foreclosure?

If the lender files a foreclosure lawsuit in court, your only option may be to respond and get involved in the litigation process.

What Defenses Are Available for a Foreclosure Lawsuit?

When faced with a foreclosure lawsuit, several defenses are available to you. This includes the statute of limitations elapsed, the lender did not send a Notice of Default, the lender lacked the standing to file the lawsuit, etc.

How Long Does It Take to Conclude a Foreclosure Lawsuit?

The court’s schedule in Florida largely determines how long it takes to conclude a foreclosure lawsuit. But typically, it might last four to six months if the case is uncontested.

Will I Lose My House Immediately If I Lose the Foreclosure Lawsuit?

No. Firstly, the court sets a 30 to 45 days wait period before the lender can hold an auction on the property. After the sale, you get ten days before the title passes to the new owner. If, within these timeframes, you file an Objection to the Sale, pay the debt, you can get your house back.

Call our Florida real estate law firm at (954) 453-7200 today to schedule a time to speak with us. Attorney Carlos M. Amor offers free consults, by phone, via video meeting or in person.